Sleep apnea decisions — 2004

The veteran's claim for service connection is being remanded due to the need for further examination and review of his medical records.

The Board has remanded the case for further development, including obtaining medical records and scheduling examinations to assess the severity of the veteran's service-connected disabilities. The appeal is now pending again with the RO.

The Board denied service connection for residuals of heat exhaustion and a low back disorder, finding no evidence linking these conditions to service.

The veteran's appeal was dismissed due to the failure to file a timely Notice of Disagreement (NOD) regarding his bilateral plantar fasciitis claim. The remaining claims for increased ratings and TDIU were denied.

The veteran's application for Service Disabled Veterans Insurance (SDVI) was denied because he did not submit an application within the two-year statutory period following his most recent grant of service connection in November 1997.

The Board has determined that further examination is needed to determine the nature, severity, and etiology of any lumbosacral spine and/or leg disorders. The veteran's claims for service connection are being remanded for additional development.

The Board has granted service connection for dysthymia and depression, finding that these conditions are related to the veteran's service. The other issues on appeal have been resolved.

The veteran's PTSD results in total social and occupational impairment, warranting a 100 percent disability rating. The lumbosacral strain is rated at the maximum available.

The Board denied the veteran's claim for service connection for the cause of his death, finding that sleep apnea and urosepsis were not incurred in or aggravated by military service and are not causally related to his service-connected disabilities.

The Board has reopened the veteran's claims of service connection for a lumbosacral strain and sinus disorder, but denied these claims as her conditions were not incurred or aggravated during her military service.

The Board granted an effective date of May 31, 1986 for the veteran's service connection for organic mood disorder secondary to brain trauma, which was retroactive to August 12, 1989.

The Board has granted an effective date of September 3, 1998 for the award of a 40 percent evaluation for lumbosacral strain.

The Board has granted service connection for lumbosacral strain and degenerative disc disease, finding that the veteran's current low back disability is due to an injury during active duty for training (ACTDUTRA) in July 1999. The Board also found that his now service-connected lumbosacral strain may have aggravated his pre-existing degenerative disc disease.

The Board has granted the reopening of the veteran's claims for service connection for alcoholism and lumbosacral strain (claimed as a back condition), finding that new evidence submitted since the May 1976 denial relates to an unestablished fact necessary to substantiate these claims.

The Board denied the veteran's claims for increased evaluations for his service-connected right and left shoulder injuries, as well as lumbosacral strain. The denial was based on the veteran's failure to report for a scheduled VA examination.

The Board has granted earlier effective dates for the PTSD rating increase to 70% and TDIU benefits, but denied service connection for a back injury. The veteran's claims of earlier effective dates are considered granted in full.

The Board has granted service connection for degenerative arthritis and lumbosacral strain, as well as degenerative arthritis of the left hip, both found to be secondary to the veteran's service-connected bilateral pes planus.

The Board has found that the veteran's radicular leg disability, including numbness, is related to his service-connected lumbosacral strain.

The Board has granted an increased rating to 40 percent for the veteran's service-connected low back disability, finding that it produces severe limitation of motion.

The veteran's claims for service connection are being remanded due to the need for additional development, including obtaining medical opinions on the etiology of his claimed conditions and exposure history.